Health and Care Act 2022
PART 1Health service in England: integration, collaboration and other changes
NHS England
1NHS Commissioning Board renamed NHS England
2Power to require commissioning of specialised services
3Spending on mental health
4NHS England mandate: general
5NHS England mandate: cancer outcome targets
6Duties as to reducing inequalities
7Duties in respect of research: business plan and annual report etc
8NHS England: wider effect of decisions
9NHS England: duties in relation to climate change etc
10Public involvement: carers and representatives
11Information about inequalities
12Support and assistance by NHS England
13Exercise of functions relating to provision of services
14Preparation of consolidated accounts for providers
15Funding for service integration
16Payments in respect of quality
17Secondments to NHS England
Integrated care boards
18Role of integrated care boards
19Establishment of integrated care boards
20People for whom integrated care boards have responsibility
Integrated care boards: functions
21Commissioning hospital and other health services
22Commissioning primary care services etc
23Transfer schemes in connection with transfer of primary care functions
24Commissioning arrangements: conferral of discretions
25General functions
Integrated care partnerships
26Integrated care partnerships and strategies
Integrated care system: financial controls
27NHS England’s financial responsibilities
28Expansion of NHS England’s duties in respect of expenditure
29Financial responsibilities of integrated care boards and their partners
30Expansion of financial duties of integrated care boards and their partners
Integrated care system: reviews and further amendments
31Care Quality Commission reviews etc of integrated care system
32Integrated care system: further amendments
Merger of NHS bodies etc
33Abolition of Monitor and transfer of functions to NHS England
34Exercise by NHS England of new regulatory functions
35Modification of standard licence conditions
36Abolition of NHS Trust Development Authority
37Merger of bodies: consequential amendment
38Transfer schemes in connection with abolished bodies
39Transfer schemes under section 38: taxation
Secretary of State's functions
40Duties in respect of research
41Report on assessing and meeting workforce needs
42Arrangements for exercise of public health functions
43Power of direction: public health functions
44Power of direction: investigation functions
45General power to direct NHS England
46Reconfiguration of services: intervention powers
47Review into NHS supply chains
NHS trusts
48NHS trusts in England
49Removal of power to appoint trust funds and trustees
50Sections 48 and 49: consequential amendments
51Licensing of NHS trusts
52NHS trusts: wider effect of decisions
53NHS trusts: duties in relation to climate change
54Oversight and support of NHS trusts
55Directions to NHS trusts
56Recommendations about restructuring of NHS trusts
57Intervention in NHS trusts
58NHS trusts: conversion to NHS foundation trusts and dissolution
59Appointment of chair of NHS trusts
60Financial objectives for NHS trusts
NHS foundation trusts
61Licensing of NHS foundation trusts
62Capital spending limits for NHS foundation trusts
63Accounts, reports and forward plans
64NHS foundation trusts: joint exercise of functions
65NHS foundation trusts: mergers, acquisitions and separations
66Transfers on dissolution of NHS foundation trusts
67NHS foundation trusts: wider effect of decisions
68NHS foundation trusts: duties in relation to climate change
NHS trusts and NHS foundation trusts
69Transfer schemes between trusts
70Trust special administrators
Joint working and delegation of functions
71Joint working and delegation arrangements
72References to functions: treatment of delegation arrangements etc
Collaborative working
73Repeal of duties to promote autonomy
74Guidance about joint appointments
75Co-operation by NHS bodies etc
76Wider effect of decisions: licensing of health care providers
NHS payment scheme
77The NHS payment scheme
Patient choice and procurement
78Regulations as to patient choice
79Procurement regulations
80Procurement and patient choice: consequential amendments etc
81Eradicating slavery and human trafficking in supply chains
Competition
82Duty to provide assistance to the CMA
83Mergers of providers: removal of CMA powers
84Removal of functions relating to competition etc
85Removal of CMA’s involvement in licensing etc
Miscellaneous
86Special Health Authorities: removal of 3 year limit
87Tidying up etc provisions about accounts of certain NHS bodies
88Meaning of “health” in NHS Act 2006
89Repeal of spent powers to make transfer schemes etc
90Abolition of Local Education and Training Boards
91Hospital patients with care and support needs: repeals etc
PART 2Health and adult social care: information
92Information about payments etc to persons in the health care sector
93Regulations under section 92: enforcement
94Regulations under section 92: consent
95Information standards
96Sharing anonymous health and social care information
97General duties of the Health and Social Care Information Centre etc
98Collection of information from private health care providers
99Collection of information about adult social care
100Enforcement of duties against private providers
101Medicine information systems
PART 3Secretary of State's powers to transfer or delegate functions
102Relevant bodies and Special Health Authorities
103Power to transfer functions between bodies
104Power to provide for exercise of functions of Secretary of State
105Scope of powers
106Transfer schemes in connection with regulations
107Transfer schemes: taxation
108Consent and consultation
PART 4The Health Services Safety Investigations Body
Introductory
109Establishment of the HSSIB
Investigations
110Investigation of incidents with safety implications
111Deciding which incidents to investigate
112Criteria, principles and processes
Reports
113Final reports
114Interim reports
115Draft reports
116Response to reports
117Admissibility of reports
Investigatory powers etc
118Powers of entry, inspection and seizure
119Powers to require information etc
120Voluntary provision of information etc
121Offences relating to investigations
Protection of material held by the HSSIB
122Prohibition on disclosure of HSSIB material
123Exceptions to prohibition on disclosure
124Offences of unlawful disclosure
125Restriction of statutory powers requiring disclosure
Relationship with other bodies
126Co-operation
127Assistance of NHS bodies
128Investigations relating to Wales and Northern Ireland
Oversight of functions
129Failure to exercise functions
130Review
Offences: supplementary
131Offences by bodies corporate
132Offences by partnerships
Supplementary
133Obligations of confidence etc
134Consequential amendments relating to Part 4
135Interpretation of Part 4
PART 5Virginity testing and hymenoplasty offences
CHAPTER 1Virginity testing offences
Virginity testing offences: England and Wales
136Offence of virginity testing: England and Wales
137Offence of offering to carry out virginity testing: England and Wales
138Offence of aiding or abetting etc a person to carry out virginity testing: England and Wales
139Virginity testing offences in England and Wales: penalties
Virginity testing offences: Scotland
140Offence of virginity testing: Scotland
141Offence of offering to carry out virginity testing: Scotland
142Offence of aiding or abetting etc a person to carry out virginity testing: Scotland
143Virginity testing offences in Scotland: penalties and supplementary
Virginity testing offences: Northern Ireland
144Offence of virginity testing: Northern Ireland
145Offence of offering to carry out virginity testing: Northern Ireland
146Offence of aiding or abetting etc a person to carry out virginity testing: Northern Ireland
147Virginity testing offences in Northern Ireland: penalties
CHAPTER 2Hymenoplasty offences
Hymenoplasty offences: England and Wales
148Offence of carrying out hymenoplasty: England and Wales
149Offence of offering to carry out hymenoplasty: England and Wales
150Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales
151Hymenoplasty offences in England and Wales: penalties
Hymenoplasty offences: Scotland
152Offence of carrying out hymenoplasty: Scotland
153Offence of offering to carry out hymenoplasty: Scotland
154Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland
155Hymenoplasty offences in Scotland: penalties and supplementary
Hymenoplasty offences: Northern Ireland
156Offence of carrying out hymenoplasty: Northern Ireland
157Offence of offering to carry out hymenoplasty: Northern Ireland
158Offence of aiding or abetting etc a person to carry out hymenoplasty: Northern Ireland
159Hymenoplasty offences in Northern Ireland: penalties
CHAPTER 3Consequential amendments
160Consequential amendments relating to Part 5
PART 6Miscellaneous
Pharmaceutical services
161Pharmaceutical services: remuneration in respect of vaccines etc
International healthcare
162International healthcare arrangements
Social care
163Regulation of local authority functions relating to adult social care
164Default powers of Secretary of State in relation to adult social care
165Care Quality Commission’s powers in relation to local authority failings
166Cap on care costs for charging purposes
Social care: regulation and financial assistance
167Provision of social care services: financial assistance
Professional regulation
168Regulation of health care and associated professions
Medical examiners
169Medical examiners
Organ trafficking
170Commercial dealings in organs for transplantation: extra-territorial offences
Human fertilisation and embryology
171Storage of gametes and embryos
Food and drink
172Advertising of less healthy food and drink
173Hospital food standards
174Food information for consumers: power to amend retained EU law
Fluoridation of water supplies
175Fluoridation of water supplies
176Fluoridation of water supplies: transitional provision
Disputes about treatment of critically ill children
177Review into disputes relating to treatment of critically ill children
Termination of pregnancy
178Early medical termination of pregnancy
Child safeguarding: information sharing
179Child safeguarding etc in health and care: policy about information sharing
Cosmetic procedures
180Licensing of cosmetic procedures
Disability and autism training
181Mandatory training on learning disability and autism
PART 7General
182Power to make consequential provision
183Regulations
184Financial provision
185Extent
186Commencement
187Short title
SCHEDULES
SCHEDULE 1Renaming of NHS Commissioning Board
1General
2House of Commons Disqualification Act 1975
3Access to Health Records Act 1990
4Trade Union and Labour Relations (Consolidation) Act 1992
5Employment Rights Act 1996
6National Health Service Act 2006
7In the heading of section 3B, for “Board” substitute “NHS...
8In the heading of section 13A, for “Board” substitute “NHS...
9In the heading of section 13W, for “Board’s” substitute “NHS...
10In the heading of section 13Y, for “Board’s” substitute “NHS...
11In section 275(1)— (a) omit the definition of “the Board”;...
12In Schedule 1A, in the italic heading before paragraph 18,...
13Corporation Tax Act 2010
14Equality Act 2010
15Health and Social Care Act 2012
16In section 150, omit subsection (2).
17In the heading of section 197, for “NHS Commissioning Board”...
18In section 247, omit the definition of “the Board”.
19In section 250(1), for “the National Health Service Commissioning Board...
20In the heading of section 274, for “Board” substitute “NHS...
21In section 275, omit the definition of “the Board”.
22In section 304(12)(a)(iv) and (ix), for “Board” substitute “NHS England”....
23Local Audit and Accountability Act 2014
24Social Services and Well-being (Wales) Act 2014 (anaw 4)
25In section 47(10)— (a) in the English language text—
26In section 77(4)(b)(ii)— (a) in the English language text, for...
27In section 104(3)(d)(ii)— (a) in the English language text, for...
28In section 118(2)(c)— (a) in the English language text, for...
29In section 164A(4)— (a) in the English language text, for...
30In section 193(4)(c)— (a) in the English language text, for...
31In section 197(1)— (a) in the English language text, for...
32Housing (Wales) Act 2014 (anaw 7)
33Cities and Local Government Devolution Act 2016
34Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
35In section 4(3)— (a) in the English language text, for...
36In section 65(4)— (a) in the English language text, for...
37In section 99(1)— (a) in the English language text, omit...
38Domestic Abuse Act 2021
SCHEDULE 2Integrated care boards: constitution etc
1Before Schedule 4 to the National Health Service Act 2006...
2In section 272 of that Act (orders, regulations, rules and...
SCHEDULE 3Conferral of primary care functions on integrated care boards etc
PART 1Conferral of functions etc
1Preliminary
2Power to require NHS England to continue to exercise certain primary care functions
3Medical services
4(1) Section 84 (general medical services contracts: introductory) is amended...
5In section 86 (persons eligible to enter into GMS contracts),...
6In section 87 (GMS contracts: payments), in subsection (3)(d), for...
7(1) Section 89 (GMS contracts: other required terms) is amended...
8(1) Section 91 (persons performing primary medical services) is amended...
9(1) Section 92 (arrangements for the provision of primary medical...
10In section 93 (persons with whom agreements may be made...
11(1) Section 94 (regulations about section 92 arrangements) is amended...
12(1) Section 96 (assistance and support: primary medical services) is...
13(1) Section 97 (Local Medical Committees) is amended as follows....
14For section 98A substitute— Delegation of Secretary of State’s functions...
15Dental services
16(1) Section 100 (general dental services contracts: introductory) is amended...
17In section 102 (persons eligible to enter into GDS contracts),...
18In section 103 (GDS contracts: payments), in subsection (3)(d), for...
19In section 104 (GDS contracts: other required terms), in subsection...
20(1) Section 106 (persons performing primary dental services) is amended...
21(1) Section 107 (arrangements for the provision of primary dental...
22In section 108 (persons with whom agreements may be made...
23(1) Section 109 (regulations about section 107 arrangements) is amended...
24(1) Section 112 (assistance and support: primary dental services) is...
25(1) Section 113 (Local Dental Committees) is amended as follows....
26For section 114A substitute— Delegation of Secretary of State’s functions...
27Ophthalmic services
28In the italic heading before section 115, for “the Board”...
29(1) Section 115 (primary ophthalmic services) is amended as follows....
30After section 116 insert— General functions General powers to make...
31(1) Section 117 (general ophthalmic services contracts: introductory) is amended...
32In section 118 (persons eligible to enter into GOS contracts),...
33In section 119 (exclusion of contractors), in subsection (1), for...
34In section 120 (GOS contracts: payments), in subsection (3)(d), for...
35In section 121 (GOS contracts: other required terms), in subsection...
36(1) Section 123 (persons performing primary ophthalmic services) is amended...
37(1) Section 124 (assistance and support: primary ophthalmic services) is...
38(1) Section 125 (Local Optical Committees) is amended as follows....
39For section 125A substitute— Delegation of Secretary of State’s functions...
40Pharmaceutical services
PART 2Consequential amendments
41Dentists Act 1984
42In section 40 (definition of business of dentistry), in subsection...
43In section 53 (interpretation), in subsection (3)(a)(i), for “92 or...
44Access to Health Records Act 1990
45Trade Union and Labour Relations (Consolidation) Act 1992
46Health Service Commissioners Act 1993
47Freedom of Information Act 2000
48Health and Social Care (Community Health and Standards) Act 2003
49Health Act 2006
50National Health Service Act 2006
51In section 80 (supply of goods and services by the...
52(1) Section 259 (sale of medical practices) is amended as...
53In section 276 (index of defined expressions)—
54In Schedule 4 (NHS trusts), for paragraph 24 and the...
55National Health Service (Wales) Act 2006
56(1) Section 65 (persons with whom agreement may be made...
57Health Act 2009
58Domestic Abuse Act 2021
SCHEDULE 4Integrated care system: minor and consequential amendments
1Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951
2Public Records Act 1958
3Public Bodies (Admission to Meetings) Act 1960
4Leasehold Reform Act 1967
5Parliamentary Commissioner Act 1967
6Health Services and Public Health Act 1968
7In section 63 (provision of instruction for officers of hospital...
8In section 64 (financial assistance to certain voluntary organisations), in...
9Employers’ Liability (Compulsory Insurance) Act 1969
10Local Authority Social Services Act 1970
11Local Government Act 1972
12Health and Safety at Work etc. Act 1974
13National Health Service (Scotland) Act 1978
14Mental Health Act 1983
15In section 39 (information as to hospitals), in subsection (1),...
16In section 117 (after-care), in subsections (2), (2D), (2E), (2F)...
17In section 134 (correspondence of patients), in subsection (3)(e), for...
18In section 139 (protection for acts done in pursuance of...
19In section 140 (notification of hospitals having arrangements for special...
20Acquisition of Land Act 1981
21In section 16 (statutory undertakers’ land excluded from compulsory purchase),...
22In section 17 (local authority and statutory undertakers’ land), in...
23Disabled Persons (Services, Consultation and Representation) Act 1986
24(1) Section 2 (rights of authorised representatives of disabled persons)...
25(1) Section 7 (persons discharged from hospital) is amended as...
26Copyright, Designs and Patents Act 1988
27Children Act 1989
28In section 21 (provision for accommodation for children in police...
29In section 24 (persons qualifying for advice and assistance), in...
30In section 24C (information), in subsection (2)(c), for “a clinical...
31In section 27 (co-operation between authorities), in subsection (3)(d), for...
32In section 29 (recoupment of cost of providing services etc),...
33In section 47 (local authority’s duty to investigate), in subsection...
34In section 80 (inspection of children’s homes etc by persons...
35In section 85 (children accommodated by health authorities and local...
36In section 105 (interpretation), in subsection (1)—
37National Health Service and Community Care Act 1990
38London Local Authorities Act 1991
39Health Service Commissioners Act 1993
40Value Added Tax Act 1994
41In section 41 (application to the Crown), in subsection (7),...
42(1) Schedule 8 (zero-rating) is amended as follows.
43Education Act 1996
44In section 322 (duty of certain bodies to help local...
45In section 332 (duty of Local Health Board, a Primary...
46Employment Rights Act 1996
47In section 49B (the health service: regulations prohibiting discrimination because...
48In section 50 (right to time off for public duties),...
49In section 218 (change of employer), in subsection (10), for...
50Housing Grants, Construction and Regeneration Act 1996
51Crime and Disorder Act 1998
52In section 5 (authorities responsible for crime and disorder strategies),...
53In section 38 (local provision of youth justice services), in...
54(1) Section 39 (youth offending teams) is amended as follows....
55In section 41 (the Youth Justice Board), in subsection (10),...
56In section 42 (supplementary provision), in subsection (3), for “a...
57In section 115 (disclosure of information), in subsection (2), for...
58Greater London Authority Act 1999
59Health Act 1999
60Freedom of Information Act 2000
61Local Government Act 2000
62Adoption and Children Act 2002
63In section 4 (assessments etc for adoption support services), in...
64In section 8 (adoption support agencies), in subsection (2)(d), for...
65International Development Act 2002
66Nationality, Immigration and Asylum Act 2002
67Criminal Justice Act 2003
68Finance Act 2003
69Health and Social Care (Community Health and Standards) Act 2003
70In section 148 (interpretation of Part 2), in the definition...
71In section 160 (provision of information), in subsection (1)(h)—
72In section 165 (power to apply provisions about recovery of...
73Children Act 2004
74In section 10 (co-operation to improve wellbeing), in subsection (4)(db),...
75In section 11 (arrangements to safeguard and promote welfare), in...
76In section 16E (local arrangements for safeguarding and promoting welfare...
77In section 16J (combining safeguarding partner areas and delegating functions),...
78In section 16P (combining child death review partner areas and...
79In section 16Q (guidance and interpretation), in subsection (2)(b), for...
80Civil Contingencies Act 2004
81Domestic Violence, Crime and Victims Act 2004
82Mental Capacity Act 2005
83Armed Forces Act 2006
84Childcare Act 2006
85Emergency Workers (Obstruction) Act 2006
86National Health Service Act 2006
87In section 1H (NHS England and its general functions), in...
88(1) Section 6 (performance of functions outside England) is amended...
89(1) Section 6E (regulations as to the exercise of functions)...
90In section 9 (NHS contracts), in subsection (4), for paragraph...
91(1) Section 12 (arrangements with other bodies) is amended as...
92(1) Section 12ZA (commissioning arrangements) is amended as follows.
93(1) Section 12A (direct payments for health care) is amended...
94In section 12B (regulations about direct payments), in subsections (2)(d),...
95In section 12D (arrangements with other bodies relating to direct...
96In section 13A (mandate), in subsection (6), for “clinical commissioning...
97In section 13N (duty as to promoting integration), in subsection...
98In section 13R (information on safety of services provided by...
99In section 13V (pooled funds), in subsection (1), for “clinical...
100In Part 2, omit Chapter A2 (clinical commissioning groups).
101In section 71 (schemes for meeting losses and liabilities etc...
102In section 74 (supply of goods and services by local...
103In section 76 (power of local authorities to make payments),...
104(1) Section 77 (care trusts) is amended as follows.
105(1) In section 80 (supply of goods and services by...
106In section 183 (payment of travelling expenses), in paragraphs (a),...
107In section 185 (charges for more expensive supplies), in subsection...
108In section 186 (charges for repairs and replacements in certain...
109In section 187 (charges for designated services or facilities), for...
110In section 188 (sums otherwise payable to those providing services),...
111In section 196 (persons and bodies about which provision is...
112In section 201 (disclosure of information), in subsection (3)(a), for...
113In section 214 (transfer of functions and property to or...
114In section 222 (power to raise money), in subsection (3A)(a),...
115For section 223A (application of provision about public-private partnerships) substitute—...
116In section 223B (funding of NHS England), in subsection (8),...
117In section 223F (power to establish contingency fund), in subsection...
118(1) Section 223G (means of meeting expenditure of clinical commissioning...
119(1) Section 223GA (expenditure on integration) is amended as follows....
120(1) Section 223K (payments in respect of quality) is amended...
121(1) Section 236 (payments for certain medical examinations) is amended...
122(1) Section 244 (review and scrutiny by local authorities) is...
123In the italic heading before section 252A, for “clinical commissioning...
124(1) In section 252A (role of NHS England and clinical...
125(1) Section 256 (power of NHS England or a clinical...
126In section 257 (payments in respect of voluntary organisations under...
127(1) Section 258 (university clinical teaching and research) is amended...
128In section 269 (special notices of births and deaths), in...
129In section 270 (provision of information by Registrar General), in...
130In section 271A (services to be treated as services of...
131(1) Section 272 (orders, regulations, rules and directions) is amended...
132In section 275 (interpretation), in subsection (1)—
133In section 276 (index of defined expressions), in the appropriate...
134(1) Schedule A1 (NHS England) is amended as follows.
135(1) Schedule 1 (further provision about services) is amended as...
136In Schedule 4 (NHS trusts: constitution etc), in paragraph 12,...
137In Schedule 7 (constitution of public benefit corporations), in paragraph...
138In Schedule 12A (pharmaceutical remuneration), in paragraph 2—
139National Health Service (Wales) Act 2006
140In section 7 (NHS contracts), in subsection (4), for paragraph...
141In section 13 (exercise of Local Health Board functions), in...
142In section 17 (plans for improving health etc), in subsection...
143In section 26 (intervention orders), in subsection (1), for “,...
144In section 28 (default powers), in subsection (1), for “,...
145In section 34 (power of local authorities to make payments),...
146In section 162 (transfer of functions and property to or...
147In section 197 (university clinical teaching and research), in subsection...
148In section 206 (interpretation), in subsection (1)—
149NHS Redress Act 2006
150Safeguarding Vulnerable Groups Act 2006
151Corporate Manslaughter and Corporate Homicide Act 2007
152Local Government and Public Involvement in Health Act 2007
153Section 222 (Local Healthwatch organisations), in subsection (3), for paragraph...
154In section 224 (duties of services-providers to respond to local...
155In section 227 (Local Healthwatch organisations: annual reports), in subsection...
156Statistics and Registration Service Act 2007
157Education and Skills Act 2008
158In section 16 (supply of information by public bodies), in...
159In section 77 (supply of information by public bodies), in...
160Health and Social Care Act 2008
161In section 30 (urgent procedure for cancellation), in subsection (3)(a),...
162In section 39 (bodies required to be notified of certain...
163In section 48 (reviews and investigations), in subsection (2)(ba), for...
164In section 54 (studies as to economy, efficiency etc), in...
165In section 59 (additional functions), in subsection (3), for “clinical...
166In section 64 (power to require documents and information), in...
167In section 97 (general interpretation of Part 1), in subsection...
168Autism Act 2009
169Health Act 2009
170(1) Section 2 (duty to have regard to NHS constitution)...
171In section 8 (duty of providers to publish information), in...
172Corporation Tax Act 2010
173Equality Act 2010
174Charities Act 2011
175Health and Social Care Act 2012
176In section 95 (licensing: special conditions), in subsection (2)(d), for...
177In section 99 (notification of commissioners where continuation of services...
178In section 100 (modification of standard conditions), in subsection (2)(d),...
179In section 102 (modification of conditions by order under other...
180In section 104 (power to require documents and information), in...
181In section 110 (notification of enforcement action), in subsection (1)(b),...
182In section 141 (levy on providers: consultation), in subsection (3),...
183In section 150 (interpretation, transitional provision and consequential amendments), omit...
184In section 194 (establishment of Health and Wellbeing Boards), in...
185In section 196 (other functions of Health and Wellbeing Boards),...
186In section 241 (commissioning guidance), in subsection (1), for “section...
187(1) Section 298 (advice or assistance to public authorities in...
188In section 306 (commencement), omit subsection (7).
189Omit Schedule 6 (transitional provision in connection with clinical commissioning...
190Anti-social Behaviour, Crime and Policing Act 2014
191In section 105 (ASB case reviews: interpretation), in subsection (2),...
192In Schedule 4 (case reviews: supplementary provision), in paragraph 5(2)(a),...
193Care Act 2014
194In section 6 (co-operating generally), in subsection (8)(b), for “a...
195(1) Section 22 (exception for provision of health services) is...
196In section 52 (sections 48 to 51: supplementary), in subsection...
197In Schedule 1 (cross-border placements), in paragraph 1(5)(a)(ii), (b)(ii) and...
198(1) Paragraph 1 of Schedule 2 (Safeguarding Adults Boards) is...
199Children and Families Act 2014
200(1) Section 23 (duty of health bodies to bring certain...
201(1) Section 26 (joint commissioning arrangements) is amended as follows....
202In section 28 (co-operating generally: local authority functions), in subsections...
203In section 31 (co-operating in specific cases: local authority functions),...
204In section 53 (mediation: health care issues), in subsection (5),...
205In section 56 (mediation: supplementary), in subsection (3), for paragraph...
206In section 57 (resolution of disagreements), in subsection (7), for...
207In section 77 (code of practice), in subsection (1), for...
208Immigration Act 2014
209Local Audit and Accountability Act 2014
210In section 4 (general requirements for audit), for subsection (4)...
211In section 8 (procedure for appointment), in subsection (4), for...
212In section 10 (functions of auditor panel), in subsection (10),...
213In section 21 (general duties of auditors of accounts of...
214(1) Section 44 (interpretation of Act) is amended as follows....
215In Schedule 2 (relevant authorities), for paragraph 23 substitute— An integrated care board.
216In Schedule 5 (eligibility and regulation of local auditors), in...
217In Schedule 7 (reports and recommendations), in paragraph 4(8), for...
218Social Services and Well-being (Wales) Act 2014 (anaw 4)
219In section 47 (exception for provision of health services), in...
220In section 77 (accommodation for children in police protection or...
221In section 104 (young people entitled to support under sections...
222In section 118 (information), in subsection (2)(c)—
223In section 164A (duty of other persons to co-operate and...
224In section 193 (recovery of costs between local authorities), in...
225In section 197 (general interpretation and index of defined expressions),...
226Housing (Wales) Act 2014 (anaw 7)
227Counter-Terrorism and Security Act 2015
228Cities and Local Government Devolution Act 2016
229Data Protection Act 2018
230Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2)
231In section 4 (additional learning needs code), in subsection (3)—...
232In section 64 (duty of health bodies to notify parents...
233In section 65 (duties to provide information and other help),...
234In section 99 (general interpretation), in subsection (1)—
235Network and Information Systems Regulations 2018 (S.I. 2018/506)
236In regulation 1(2) (interpretation), in the definition of “OES”, after...
237(1) Regulation 8 (identification of operators of essential services) is...
238NHS Funding Act 2020
239Domestic Abuse Act 2021
240Police, Crime, Sentencing and Courts Act 2022
241(1) Section 25 (relevant review partners) is amended as follows....
242In section 36 (interpretation), in subsection (1)—
243In Schedule 1 (specified authorities and local government areas), in...
SCHEDULE 5Abolition of Monitor and transfer of its functions
1General
2Public Bodies (Admission to Meetings) Act 1960
3Parliamentary Commissioner Act 1967
4Superannuation Act 1972
5House of Commons Disqualification Act 1975
6Northern Ireland Assembly Disqualification Act 1975
7Employment Rights Act 1996
8Freedom of Information Act 2000
9National Health Service Act 2006
10For section 2 substitute— General power (1) The Secretary of State may do anything which is...
11In section 33 (applications by NHS trusts), in each of...
12(1) Section 35 (authorisation of NHS foundation trusts) is amended...
13In section 37 (amendments of constitution), in subsection (4)—
14(1) Section 39 (register of NHS foundation trusts) is amended...
15In section 39A (panel for advising governors), in subsections (1)...
16In section 42A (criteria for making loans etc), in subsection...
17In section 50 (fees), for “the regulator”, in both places...
18In section 56 (mergers), in subsection (1), for “the regulator”...
19(1) Section 56A (acquisitions) is amended as follows.
20In section 56AA (acquisitions under section 56A: supplementary), in subsection...
21In section 56B (separations), in subsection (1), for “the regulator”...
22In section 57 (sections 56 to 56B: supplementary), in subsections...
23(1) Section 57A (dissolution) is amended as follows.
24In section 64 (orders and regulations under Chapter), in subsection...
25(1) Section 244 (review and scrutiny by local authorities) is...
26In section 247C (Secretary of State’s duty to keep health...
27In section 258 (university clinical teaching and research), after subsection...
28In section 272 (orders, regulations, rules and directions), in subsection...
29In section 275 (interpretation), in subsection (1), omit the definition...
30In section 276 (index of defined expressions), omit the entry...
31(1) Schedule 7 (constitution of public benefit corporations) is amended...
32In Schedule 10 (audit of accounts of NHS foundation trusts)—...
33National Health Service (Wales) Act 2006
34Health and Social Care Act 2008
35In section 20A (functions relating to processing of information by...
36In section 30 (urgent procedure for cancellation), in subsection (3),...
37In section 39 (bodies required to be notified of certain...
38In section 45A (functions to be exercised by Healthwatch England),...
39In section 59 (additional functions), in subsection (2), for “Monitor”...
40(1) Section 70 (Co-operation between the Care Quality Commission and...
41Health Act 2009
42In section 2 (duty to have regard to NHS Constitution),...
43In section 9 (supplementary provision about the duty), in subsection...
44Equality Act 2010
45Health and Social Care Act 2012
46In Part 3, omit Chapter 1 (Monitor).
47(1) Section 83 (exemption regulations) is amended as follows.
48In section 84 (exemption regulations: supplementary), in subsection (5)(a), omit...
49In section 85 (application for licence), in subsections (1) and...
50In section 86 (licensing criteria), in each of subsections (1)...
51In section 87 (grant or refusal of licence), in subsections...
52In section 88 (application and grant: NHS foundation trusts), in...
53In section 89 (revocation of licence), for “Monitor”, in both...
54(1) Section 90 (right to make representations) is amended as...
55In section 91 (notice of decisions), in subsections (1), (2)...
56(1) Section 92 (appeals to the Tribunal) is amended as...
57In section 93 (register of licence holders), in each of...
58(1) Section 94 (standard conditions) is amended as follows.
59(1) Section 95 (special conditions) is amended as follows.
60(1) Section 96 (limits on Monitor’s functions to set or...
61In section 97 (conditions: supplementary), in subsections (1)(a), (b), (e),...
62(1) Section 98 (conditions relating to the continuation of the...
63(1) Section 99 (notification of commissioners where continuation of services...
64(1) Section 100 (modification of standard conditions) is amended as...
65In section 102 (modification of conditions by order under other...
66(1) Section 104 (power to require documents and information) is...
67In section 105 (discretionary requirements), in subsections (1), (2)(a), (b)...
68In section 106 (enforcement undertakings), in subsections (1), (4) and...
69(1) Section 108 (guidance as to use of enforcement powers)...
70In section 109 (publication of enforcement action), in subsections (1)...
71In section 110 (notification of enforcement action), in subsection (1)—...
72In section 111 (imposition of licence conditions on NHS foundation...
73(1) Section 113 (orders under section 112: criteria for deciding...
74In section 128 (health special administration orders), in subsection (2),...
75(1) Section 130 (health special administration regulations) is amended as...
76In section 131 (transfer schemes), in subsection (2)(a), (b) and...
77In section 132 (indemnities), for “Monitor” substitute “NHS England”.
78In section 134 (duty to establish mechanisms for providing financial...
79(1) Section 135 (power to establish fund) is amended as...
80In section 136 (applications), in each of subsections (1) to...
81In section 137 (grants and loans), in each of subsections...
82(1) Section 138 (power to impose charges on commissioners) is...
83(1) Section 139 (imposition of levy) is amended as follows....
84In section 140 (power of Secretary of State to set...
85(1) Section 141 (consultation) is amended as follows.
86In section 143 (amount payable), in each of subsections (1),...
87In section 144 (investment principles and reviews), in each of...
88In section 145 (borrowing), in subsections (1) and (2), for...
89In section 146 (shortfall or excess of available funds, etc),...
90(1) Section 148 (service of documents) is amended as follows....
91In section 149 (electronic communications), in each of subsections (2)...
92(1) Section 150 is amended as follows.
93In section 175 (objective of trust special administration), omit subsection...
94(1) Section 254 (powers to direct Information Centre to establish...
95In section 255 (powers to request Information Centre to establish...
96(1) In section 288 (duty to co-operate with Care Quality...
97(1) Section 290 (other duties to co-operate) is amended as...
98In section 291 (breaches of duties to co-operate), in subsection...
99(1) Section 304 (regulations, orders and directions) is amended as...
100(1) Schedule 11 (further provision about Monitor’s enforcement powers) is...
101Local Audit and Accountability Act 2014
102Mental Health Units (Use of Force) Act 2018
103Domestic Abuse Act 2021
SCHEDULE 6Intervention powers over the reconfiguration of NHS services
SCHEDULE 7NHS trusts in England and removal of power to appoint trustees: consequential amendments
1Value Added Tax Act 1994
2Finance Act 2003
3National Health Service Act 2006
4In section 215 (trustees and property under section 222), in...
5In section 217 (supplementary provisions about trusts), in subsection (1),...
6In Schedule 4 (NHS trusts), in paragraph 12, omit sub-paragraph...
7National Health Service (Wales) Act 2006
8Health and Social Care Act 2012
9In section 112 (transitional provision relating to abolition of NHS...
10Omit section 180 (repeal of provisions on authorisation for NHS...
11In section 200 (care trusts), omit subsection (15).
12In Schedule 13, in paragraph 10 (saving provision: general duty...
13Omit Schedule 14 (abolition of NHS trusts in England: consequential...
14Finance Act 2012
15Local Audit and Accountability Act 2014
16In section 3 (general requirements for accounts), for subsection (9)...
17In section 4 (general requirements for audit), at the end...
18In section 8 (procedure for appointment), in subsection (4), at...
19In section 10 (functions of auditor panel), in subsection (10),...
20In section 12 (failure to appoint local auditor), in subsections...
21(1) Section 13 (failure of clinical commissioning group to appoint...
22In section 21 (general duties of auditors of accounts of...
23In section 30 (unlawful expenditure or activity of health service...
24In section 43 (orders and regulations), in subsection (6), omit...
25In section 44 (interpretation), in the definition of “accounts”, for...
26Omit section 47 (application to NHS trusts and trustees).
27In Schedule 2 (relevant authorities), after paragraph 23 insert— An NHS trust all or most of whose hospitals, establishments...
28In Schedule 5 (eligibility and regulation of local auditors), in...
29(1) Schedule 7 (reports and recommendations) is amended as follows....
30Finance Act 2015
31NHS (Charitable Trusts Etc) Act 2016
SCHEDULE 8Trust special administrators: NHS trusts and NHS foundation trusts
PART 1Amendments about trust special administrators
1The National Health Service Act 2006 is amended as follows....
2For section 65B substitute— NHS trusts: appointment of trust special...
3(1) Section 65D (NHS foundation trusts: appointment of trust special...
4(1) Section 65DA (objective of trust special administration) is amended...
5(1) Section 65F (draft report) is amended as follows.
6(1) Section 65G (consultation plan) is amended as follows.
7(1) Section 65H (consultation requirements) is amended as follows.
8(1) Section 65I (final report) is amended as follows.
9(1) Section 65J (power to extend time) is amended as...
10In the italic heading before section 65K for “the regulator”...
11For section 65K substitute— Decision of NHS England or Secretary...
12(1) Section 65KA (regulator’s decision in case of NHS foundation...
13(1) Section 65KB (Secretary of State’s response to regulator’s decision)...
14In section 65KC (action following Secretary of State’s rejection of...
15(1) In section 65KD (Secretary of State’s response to resubmitted...
16(1) Section 65L (trusts coming out of administration) is amended...
17In section 65LA (trusts to be dissolved), in subsection (3),...
18(1) Section 65M (replacement of trust special administrator) is amended...
19(1) Section 65N (guidance) is amended as follows.
20In section 65O (interpretation of Chapter), in subsection (1), in...
21In section 272 (orders, regulations, rules and directions), in subsection...
PART 2Consequential amendments
22National Health Service Act 2006
23In section 13Q (public involvement and consultation by NHS England),...
24In section 242 (public involvement and consultation by NHS trusts),...
25Health and Social Care Act 2008
SCHEDULE 9References to functions: treatment of delegation arrangements etc
1Local Government Act 1974
2Children Act 1989
3National Health Service and Community Care Act 1990
4Adoption and Children Act 2002
5Health and Social Care (Community Health and Standards) Act 2003
6National Health Service Act 2006
7In section 13Z4 (interpretation of Chapter A1 of Part 2),...
8In section 73A (appointment of directors of public health), in...
9In section 73B (exercise of public health functions of local...
10In section 73C (complaints about exercise of public health functions...
11In section 223K (payments in respect of quality), in subsection...
12In section 244 (review and scrutiny by local authorities), in...
13In section 252A (role of NHS England and clinical commissioning...
14In section 253 (emergency powers), in subsection (1A), in paragraph...
15Local Government and Public Involvement in Health Act 2007
16Health and Social Care Act 2008
17Health and Social Care Act 2012
18In section 197 (participation of NHS England in Health and...
19In section 199 (supply of information to Health and Wellbeing...
20In section 234 (quality standards), in subsection (11), for the...
21In section 237 (advice, guidance, information and recommendations), in subsection...
22In section 250 (powers to publish information standards), in subsection...
23In section 263 (code of practice on confidential information), after...
24In section 274 (powers of Secretary of State or Board...
25In section 290 (duties to co-operate), in subsection (2), at...
SCHEDULE 10The NHS payment scheme
1The Health and Social Care Act 2012 is amended as...
2In section 97 (conditions of licences for health care service...
3In Part 3, for Chapter 4 substitute— CHAPTER 4 The...
4In section 304 (regulations, orders and directions), in subsection (5),...
SCHEDULE 11Patient choice: undertakings by integrated care boards
SCHEDULE 12Removal of functions relating to competition etc
1Company Directors Disqualification Act 1986
2Competition Act 1998
3Enterprise Act 2002
4Health and Social Care Act 2012
5In section 74 (competition functions: supplementary), omit subsections (1) to...
6In section 288 (Monitor: duty to cooperate with Care Quality...
7Enterprise and Regulatory Reform Act 2013
8In Schedule 4 (the Competition and Markets Authority), in paragraph...
9In Schedule 14 (regulators: use of powers under the Competition...
10Care Act 2014
SCHEDULE 13The Health Services Safety Investigations Body
PART 1Constitution
1Status
2Membership
3The Chief Investigator: appointment and status
4Other executive members: appointment and status
5Non-executive members: tenure
6Non-executive members: suspension from office
7(1) Where a person is suspended from office as the...
8Non-executive members: payment
9Staff
10Procedure
11Committees
12Exercise of functions
13Assistance in exercise of functions
14Funding
15Supplementary powers
16Use of income from charges
17Losses and liabilities etc
18Accounts
19(1) The HSSIB must prepare annual accounts in respect of...
20Reports and other information
21Seal and signature
PART 2Transfer schemes
22(1) The Secretary of State may, in connection with the...
23(1) The Treasury may by regulations make provision varying the...
SCHEDULE 14Prohibition on disclosure of HSSIB material: exceptions
1Disclosures for purposes of investigations
2The HSSIB, or an individual connected with the HSSIB, may...
3Disclosures relating to prosecution or investigation of offences
4Disclosures relating to safety risks
5Disclosure by order of the High Court
6Exercise of Chief Investigator’s functions
7Guidance
SCHEDULE 15Consequential amendments relating to Part 4
1Public Records Act 1958 (c. 51)
2Public Bodies (Admission to Meetings) Act 1960 (c. 67)
3Parliamentary Commissioner Act 1967 (c. 13)
4House of Commons Disqualification Act 1975 (c. 24)
5Copyright, Designs and Patents Act 1988 (c. 48)
6Employment Rights Act 1996 (c. 18)
7Freedom of Information Act 2000 (c. 36)
8National Health Service Act 2006 (c. 41)
9Health Act 2009 (c. 21)
10Equality Act 2010 (c. 15)
SCHEDULE 16Virginity testing and hymenoplasty: consequential amendments
1Police and Criminal Evidence Act 1984
2Police and Criminal Evidence (Northern Ireland) Order 1989
3Criminal Justice and Public Order Act 1994
4Criminal Procedure (Scotland) Act 1995
5In section 19A (samples etc. from persons convicted of sexual...
6In section 271BZA (child witnesses in certain solemn cases: special...
7Crime and Disorder Act 1998
8Protection of Vulnerable Groups (Scotland) Act 2007 (asp 2007)
9Modern Slavery Act 2015
SCHEDULE 17Storage of gametes and embryos
PART 1Amendments to Human Fertilisation and Embryology Act 1990
1Introductory
2Maximum storage periods
3In section 47 (index), omit the entry for the “Statutory...
4In Schedule 3 (consents), in paragraph 2(2)(a), for “statutory storage...
5Disposal of material
6In section 17 (the person responsible), in subsection (1)(c), for...
7Consent to storage
PART 2Transitional provision
8Interpretation
9Application of Part 1 to material already in storage
10The amendments made by paragraph 7 of this Schedule have...
11Date of first storage
12Storage periods specified in pre-commencement storage licences
13Storage after expiry of pre-commencement consent
14Storage with no effective consent prior to commencement
15Time for first renewal of consent
16(1) This paragraph applies in relation to the storage of...
17Renewals falling due in the transitional period
18(1) This paragraph applies in relation to the storage of...
SCHEDULE 18Advertising of less healthy food and drink
PART 1Programme services: watershed
1Television programme services
2On-demand programme services
PART 2Online services: prohibition
3In the Communications Act 2003, after Part 4B insert— PART...
PART 3Consequential amendments
4The Communications Act 2003 is amended as follows.
5In section 368C (on-demand programme services: duties of the appropriate...
6In section 402(2) (instruments subject to negative procedure) —
SCHEDULE 19Licensing of cosmetic procedures
1Introduction
2Grant of licence
3The regulations may make provision requiring a local authority not...
4Licence conditions
5Duration of licence etc
6Reviews and appeals
7Offences
8Financial penalties
9Enforcement
10Fees
11Guidance
12Interpretation

Royal arms

Health and Care Act 2022

2022 CHAPTER 31

An Act to make provision about health and social care.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—